[CC 1999 §2-271; Ord.
No. 92-57, 7-29-1992]
A. Definitions. As used in this Article, the following terms
shall have these prescribed meanings:
BUSINESS
Any lawful activity that is conducted:
1.
Primarily for the purchase, sale or use of personal or real
property or for the manufacture, processing or marketing of products
or commodities; or
2.
Primarily for the sale of services to the public.
DECENT, SAFE AND SANITARY DWELLING
A dwelling which meets applicable housing and occupancy codes.
The dwelling shall:
1.
Be structurally sound, weather-tight and in good repair;
2.
Contain a safe electrical wiring system;
3.
Contain an adequate heating system;
4.
Be adequate in size with respect to the number of rooms needed
to accommodate the displaced person; and
5.
For a handicapped person, be free of any barriers which would
preclude reasonable ingress, egress or use of the dwelling.
HANDICAPPED PERSON
Any person who is deaf, legally blind or orthopedically disabled
to the extent that acquisition of another residence presents a greater
burden than other persons would encounter or to the extent that modifications
to the replacement residence would be necessary.
DISPLACED PERSON
Any person that moves from the real property or moves his/her
personal property from the real property permanently and voluntarily
as a direct result of the acquisition, rehabilitation or demotion
of or the written notice of intent to acquire such real property,
in whole or in part, for a public purpose.
INITIATION OF NEGOTIATIONS
The delivery of the initial written offer of just compensation
by the acquiring entity, to the owner of the real property, to purchase
such real property for the project, or the notice to the person that
he/she will be displaced by rehabilitation or demolition.
PERSON
Any individual, family, partnership, corporation, or association
that has a legal right to occupy the property, including but not limited
to month-to-month tenants.
B. Every
urban redevelopment corporation acquiring property within a redevelopment
area shall submit a relocation plan as part of the redevelopment plan.
C. Unless
the property acquisition under the operation of Chapter 99, RSMo.,
Chapter 100, RSMo., or Chapter 353, RSMo., is subject to Federal relocation
standards or Subsection (1) of Section 523.205, RSMo., the relocation
plan shall provide for the following:
1. Payments to all eligible displaced persons, as defined in Subsection
(A), who occupied the property to be acquired for not less than ninety (90) days prior to the initiation of negotiations who are required to vacate the premises;
2. A program
for identifying special needs of displaced persons with specific consideration
given to income, age, size of family, nature of business, availability
of suitable replacement facilities and vacancy rates of affordable
facilities;
3. A program
for providing proper and timely notice to all displaced persons, including
a general description of their potential rights and benefits if they
are displaced, their eligibility for relocation assistance, and the
nature of that assistance. The notices required for compliance with
this Section are as follows:
a. A
general information notice that shall be issued at the approval and
selection of a designated redeveloper and shall inform residential
and non-residential owners and occupants of a potential project, including
the potential acquisition of the property;
b. A
notice of relocation eligibility that shall be issued as soon as feasible
after the execution of the redevelopment agreement and shall inform
residential and non-residential occupants within the project area
who will be displaced of their relocation assistance and nature of
that assistance, including ninety (90) days' advance notice of the
date the occupants must vacate;
4. A program
for referrals of displaced persons with provisions for a minimum of
three (3) decent, safe and sanitary housing referrals for residential
persons or suitable referral sites for displaced businesses, a minimum
of ninety (90) days' notice of referral sites for all displaced persons
prior to the date such displaced persons are required to vacate the
premises, and arrangements for transportation to inspect referral
sites; and
5. Every
displaced person shall be given a ninety (90) day notice to vacate,
prior to the date such displaced person is required to vacate the
premises.
D. Prior
to offering above-said relocation assistance, the City Council shall
convene and discuss the special needs of the displaced person, with
special consideration given to income, age, size of family, nature
of business, availability of suitable replacement facilities and vacancy
rates of affordable facilities.
E. All displaced
residential persons eligible for payment shall be provided with relocation
payments based upon one (1) of the following, at the option of the
person:
1. A one
thousand dollar ($1,000.00) fixed moving expense payment; or
2. Actual
reasonable costs of relocation including, but not limited to, actual
moving costs, utility deposits, key deposits, storage of personal
property up to one (1) month, utility transfer and connection fees
and other initial rehousing deposits including first (1st) and last
month's rent and security deposit. Such costs of relocation shall
not include the cost of a replacement property or any capital improvements
thereto.
F. All displaced
businesses eligible for payments shall be provided with relocation
payments based upon the following, at the option of the business:
1. A three
thousand dollar ($3,000.00) fixed moving expense payment and up to
an additional ten thousand dollars ($10,000.00) for re-establishment
expenses. Re-establishment expenses are limited to costs incurred
for physical improvements to the replacement property to accommodate
the particular business at issue; or
2. Actual
costs of moving including costs for packing, crating, disconnection,
dismantling, reassembling and installing all personal equipment and
costs for relettering similar signs and similar replacement stationery,
and up to an additional ten thousand dollars for re-establishment
expenses. Re-establishment expenses are limited to actual costs incurred
for physical improvements to the replacement property to accommodate
the particular business at issue.
G. If a
displaced person demonstrates the need for an advance relocation payment
in order to avoid or reduce a hardship, the City shall issue the payment
subject to such safeguards as are appropriate to ensure that the objective
of the payment is accomplished. Payment for a satisfactory claim shall
be made within thirty (30) days following receipt of sufficient documentation
to support the claim. All claims for relocation payment shall be filed
with the City within six (6) months after:
1. For
tenants, the date of displacement;
2. For
owners, the date of displacement or the final payment for the acquisition
of the real property, whichever is later.
H. Any displaced person, who is also the owner of the premises, may waive relocation payments as part of the negotiations for acquisition of the interest held by such person. Such waiver shall be in writing, shall disclose the person's knowledge of the provisions of this Section and his/her entitlement to payment and shall be filed with the acquiring public agency. However, any such waiver shall not include a waiver of any notice provisions of this Section, and a displaced person shall remain entitled to all of the provisions regarding programs which are contained in Subdivisions (2) and (3) of Subsection
(C) of this Section.
I. All persons eligible for relocation benefits shall be notified in writing of the availability of such relocation payments and assistance, with such notice to be given concurrently with the notice of referral sites as required in Subsection
(C)(2) of this Section.
J. Any urban
redevelopment corporation, its assigns or transferees which have been
provided any assistance under the operation of Chapter 99, RSMo.,
Chapter 100, RSMo., Chapter 353, RSMo., or this Chapter with land
acquisition by the City shall be required to make a report to the
City which shall include, but not be limited to, the address of all
occupied residential buildings and structures within the redevelopment
area and the names and addresses of persons displaced by the redeveloper
and specific relocation benefits provided to each person, as well
as a sample notice provided to each person.
K. An urban
redevelopment corporation which fails to comply with the relocation
requirements provided in this Section, shall not be eligible for tax
abatement as provided for in Chapter 353, RSMo.
L. The requirements
set out in this Section shall be considered minimum standards. The
City shall determine the adequacy of the proposal and may require
additional elements to be provided.
M. Relocation
assistance shall not be provided to any person who purposely resides
or locates his/her business in a redevelopment area solely for the
purpose of obtaining relocation benefits.
N. The provisions
of Sections 523.200 and 523.205, RSMo., shall apply to land acquisitions
under the operation of Chapter 99, RSMo., Chapter 100, RSMo., or Chapter
353, RSMo., filed for approval, approved or amended on or after August
31, 1991, and, as provided by Subsection (2) of Section 523.205, RSMo.,
any other land acquisition by a political subdivision or governmental
entity through condemnation proceedings initiated after December 31,
2006.
O. If a
displaced person demonstrates the need for an advance relocation payment,
in order to avoid or reduce a hardship, the developer or public agency
shall issue the payment subject to such safeguards as are appropriate
to ensure that the objective of the payment is accomplished. Payment
for a satisfactory claim shall be made within thirty (30) days following
receipt of sufficient documentation to support the claim. All claims
for relocation payment shall be filed with the displacing agency within
six (6) months after:
1. For
tenants, the date of displacement;
2. For
owners, the date of displacement or the final payment for the acquisition
of the real property, whichever is later.